State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_13

Rule 13. Counterclaim andcrossclaim.

(a)        Compulsorycounterclaims. – A pleading shall state as a counterclaim any claim which atthe time of serving the pleading the pleader has against any opposing party, ifit arises out of the transaction or occurrence that is the subject matter ofthe opposing party's claim and does not require for its adjudication thepresence of third parties of whom the court cannot acquire jurisdiction. Butthe pleader need not state the claim if

(1) At the time the action wascommenced the claim was the subject of another pending action, or

(2) The opposing party broughtsuit upon his claim by attachment or other process by which the court did notacquire jurisdiction to render a personal judgment on that claim, and thepleader is not stating any counterclaim under this rule.

(b)        Permissivecounterclaim. – A pleading may state as a counterclaim any claim against anopposing party not arising out of the transaction or occurrence that is thesubject matter of the opposing party's claim.

(c)        Counterclaimexceeding opposing claim. – A counterclaim may or may not diminish or defeatthe recovery sought by the opposing party. It may claim relief exceeding inamount or different in kind from that sought in the pleading of the opposingparty.

(d)        Counterclaimagainst the State of North Carolina. – These rules shall not be construed toenlarge beyond the limits fixed by law the right to assert counterclaims or toclaim credit against the State of North Carolina or an officer or agencythereof.

(e)        Counterclaimmaturing or acquired after pleading. – A claim which either matured or wasacquired by the pleader after serving his pleading may, with the permission ofthe court, be presented as a counterclaim by supplemental pleading.

(f)         Omitted counterclaim.– When a pleader fails to set up a counterclaim through oversight,inadvertence, or excusable neglect, or when justice requires, he may by leaveof court set up the counterclaim by amendment.

(g)        Crossclaim againstcoparty. – A pleading may state as a crossclaim any claim by one party againsta coparty arising out of the transaction or occurrence that is the subjectmatter either of the original action or of a counterclaim therein or relatingto any property that is the subject matter of the original action. Suchcrossclaim may include a claim that the party against whom it is asserted is ormay be liable to the crossclaimant for all or part of a claim asserted in theaction against the crossclaimant.

(h)        Additional partiesmay be brought in. – When the presence of parties other than those to theoriginal action is required for the granting of complete relief in thedetermination of a counterclaim or  crossclaim, the court shall order them tobe brought in as defendants  as provided in these rules, if jurisdiction ofthem can be obtained.

(i)         Separate trial;separate judgment. – If the court orders separate trials as provided in Rule42(b), judgment on a counterclaim or crossclaim may be rendered in accordancewith the terms of Rule 54(b) when the court has jurisdiction so to do, even ifthe claims of  the opposing party have been dismissed or otherwise disposed of.(1967, c. 954, s. 1.)